6B(1) - Laserfiche WebLink

Home Browse Search

Mr. Chris Dressel March 4,2014 Page 8of18 • Prepare a written report that specifically lists any recognized environmental conditions identified during the course of the Phase I ESA, consolidates and discusses information gathered in the tasks described above,and appends any significant supporting documents. Weaver Boos will need the following information in order to initiate the proposed Phase I ESA: • A completed copy of the attached User-Provided Information Questionnaire, signed by the recipient of the IBP Comfort Letter; ASTM E1527-13 requires the user to provide recorded land title records and records of environmental liens or activity and use limitations recorded against the Property. If a review for recorded land title records needs to be obtained or completed by Weaver Boos, an additional fee will be incurred and will be invoiced in accordance with the attached Fee Schedule. Weaver Boos will inform the client of the additional cost associated with the recorded land title records review prior to incurring the cost. It is important to note that in order for the user (i.e., Comfort Letter recipient) to qualify for one II of the Landowner Liability Protections offered by 40 CFR 312, the user must provide the available information requested on the attached User-Provided Information Questionnaire. Weaver Boos requests that the user provide the requested information and/or any comments, such as if the information is not available, or unknown, and sign the last page of the questionnaire which affirms that the respondent has answered all questions to the best of the respondent's actual knowledge and in good faith. Lack of this requested information could result in data gaps in the findings of the Phase I ESA. Task 3—Complete draft Environmental Restrictive Covenant(ERC) Post acquisition, the prospective purchaser is required to satisfy certain statutory continuing or "due care" obligations with respect to known site contamination to maintain exemption. Based on the background information for this site, Weaver Boos believes that to demonstrate to the IBP that these obligations will be met, land use restrictions will be required (recording of an environmental covenant or ERC) to eliminate exposure pathways and to inform a technical opinion on appropriate reasonable steps for the prospective purchaser to undertake, to try to maintain the liability exemption. The name on the ERC should match the entity on the property deed, the Phase I ESA, and the user questionnaire of the Phase I ESA. A draft ERC will be